• Case of the Day: Schermerhorn v. Israel

    Case of the Day: Schermerhorn v. Israel

    The case of the day is Schermerhorn v. State of Israel (D.C. Cir. 2017). I covered the District Court decision in February 2017. The case is in the “Gaza flotilla lawfare” genre, along with Doğan v. Barak. David Schermerhorn and several others set sail on the Challenger I in 2010 to take part in the […]

  • JASTA Fixes Proposed

    In a new post at Lawfare, John Bellinger notes that Congress is considering various proposals to “fix JASTA,” and he makes a pitch for his preferred proposal: an amendment giving the President the power to waive the new FSIA exception on a country-by-country basis, perhaps conditioning the power on the President’s periodic certification that the […]

  • Congress Overrides The JASTA Veto

    By lopsided votes, Congress overrode the President’s veto of JASTA, the Justice Against Sponsors of Terrorism Act. The vote in the Senate was 97 to 1, and in the House of Representatives the vote was 348 to 77. What’s done is done, but it just seems very odd to me for the country with the […]

  • President Obama Vetoes JASTA

    Since we are talking about the other branches of government getting involved in foreign sovereign immunity, here is a report on the proposed Justice Against Sponsors of Terrorism Act, S. 2040. The purpose of the bill is “to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to […]